Patna High Court
Ram Bharos SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied.
Summary
Ram Bharos Sahni sought anticipatory bail after learning of a police case (Mahishi P.S. Case No. 323/2025) alleging that 360 litres of liquor were recovered from a vehicle, invoking Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle and was falsely implicated, asserting that no prima facie case existed against him. The State opposed the bail, highlighting the petitioner’s two prior criminal antecedents of a similar nature and noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, weighing the antecedents and statutory non‑compliance, declined to grant anticipatory bail. However, the Court indicated that if the petitioner surrenders within six weeks and applies for regular bail, the application will be considered on its merits.
Issues considered
- Whether anticipatory bail can be granted to a person with prior similar criminal antecedents under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, bars anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal antecedents
- Section 103
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4616 of 2026
Arising Out of PS. Case No.-323 Year-2025 Thana- MAHISHI District- Saharsa
======================================================
Ram Bharos Sahni Son of Bauka Sahni R/O Village - Jamalpur, P.S.-
Jamalpur, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Mahishi P.S. Case No. 323/2025 instituted for the offences
under Sections 30(a) and 41(1) of the Bihar Prohibition and
Excise Act
3. The prosecution case, in short, is that total 360 litres
of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that petitioner is neither the
owner nor the driver of the vehicle. The petitioner has got no
concern with the alleged recovery of liquor. Learned counsel,
Patna High Court CR. MISC. No.4616 of 2026(2) dt.30-01-2026
2/2
therefore, submitted that prima-facie, no case is made out
against the petitioner. The petitioner has two criminal
antecedents. There is no compliance of Section 103 of the
Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the petitioner has two criminal antecedents of
similar nature, this Court is not inclined to grant anticipatory
bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
atul/-
U T
Checking your session…